What's happening
This bill expands larceny laws to specifically include theft from mentally disabled persons by those aware of their condition.
Why it matters
Expands legal protections. for people with mental disabilities, making it an explicit crime to exploit their inability to understand or consent in situations involving their property.
Targets those who knowingly take advantage. of a mentally disabled person's condition, potentially deterring caregivers, acquaintances, or others in positions of trust from committing financial or property-related abuse.
Clarifies and strengthens the definition of larceny. in state law, making prosecution of theft against mentally disabled individuals more straightforward and possibly increasing accountability for offenders.
Addresses a legal gap. by specifically recognizing the vulnerability of mentally disabled people to property crimes, which may help victims and their families seek justice more effectively.
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Who cares
Headline styles
Protect Disabled from Theft
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.1569
- Reported and committed to rules
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6022
2017-2018 Regular Sessions
IN SENATE
May 10, 2017
Introduced by Sen. SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to acts of larceny committed against a mentally disabled person
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 155.00 of the penal law is amended by adding a new subdivision 10 to read as follows:
10. "Mentally disabled" means that a person suffers from a mental disease, defect or condition which renders him or her incapable of appraising the nature of the conduct constituting the taking, obtaining, or withholding of his or her property.
§ 2. Subdivision 1 of section 155.05 of the penal law is amended to read as follows:
1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof. Such conduct includes, but is not limited to the wrongful taking, obtaining or withholding of property by a person who knows or has reason to know that the owner is a mentally disabled person.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11324-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to acts of larceny committed against a mentally disabled person
Purpose or general idea of bill
To clarify and establish universal rules related to acts of larceny committed against a mentally disabled person
Summary of provisions
Section 1 of the bill amends the penal law to include a definition of "mentally disabled."
Section 2 of the bill amends the penal law to clarify that larceny includes, but is not limited to, the obtaining or withholding of property by a person who knows or has reason to know that the owner is a mentally disabled person.
Section 3 of the bill establishes the effective date.
Justification
At a recent public hearing regarding the prevalence and consequences of elder abuse in New York, there were a number of suggestions offered regarding statutory changes to provide more protection to seniors, and assist prosecutors in pursuing these difficult cases. Of particular concern for law enforcement authorities was that the larceny statute does not address the issue of theft from a mentally impaired person. As such, in many cases where an elderly person's property has been stolen and they did not have the ability to accurately assess the nature of the defendant's actions, it has been more difficult for law enforcement to prove that a larceny occurred.
Currently, prosecutors in New York rely on precedent that is instructive on whether an owner's mental state is relevant when determining if a theft has occurred. This has included instructions to juries that when evaluating the definition of larceny, they could consider the victim's capacity to form consent in order to determine whether it was a trespassory taking (People v. Camiola, 225 A.D.2d 380 (1st Dept. 1996).
Despite case precedent, it is imperative that statutory changes to the larceny statute be made to establish universal rules regarding these types of cases. Theft has the potential to cause irreparable harm across cases. However, the financial constraints of many retired elderly persons, as well as physical and mental infirmities, position them to be particularly vulnerable. Given the devastating impacts of these cases, as well as considerations regarding vulnerable seniors and those who are mentally impaired, it is vital that changes to the penal law be made to better protect these victims.
Prior legislative history
New bill.
Fiscal implications for state and local governments
No fiscal.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.